HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6078 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. No one appears for the opposite party No. 2/complainant, despite service of notice. 2. The applicant seeks enlargement on bail in FIR No. 76 of 2025, under Sections 64(1), 352, 351(3), B.N.S., Section 7/8, Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v), Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Kamlapur, District Sitapur. 3. Learned counsel for the applicant argues that in terms of the FIR allegations were leveled that the daughter of the informant had gone out of home, when the applicant misbehaved with her. He further argues that no allegation of rape was leveled. Subsequently, in two statements of the victim, recorded under Sections 161 and 163 Cr.P.C., the victim alleged commission of rape, however, she refused to undergo a medical examination, as is evident from the counter-affidavit. The tentative age of the victim is around 17 years. 4. Learned AGA has opposed the bail application. 5. Considering the fact that, apart from the allegations, the victim's refusal to undergo a medical examination is a valid criterion for considering the grant of bail, as such, on that ground alone, the applicant, who has been in custody since 25/04/2025 and has no criminal history, without commenting upon the merits of the case, the applicant is entitled to be Versus Counsel for Applicant(s) : Suyesh Pradhan Counsel for Opposite Party(s) : G.A. Seetu @ Chhotu @ Lambu .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko And Others .....Opposite Party(s) enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Seetu alias Chhotu alias Lambu be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. October 30, 2025 A.Nigam BAIL No. 6078 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench